LAWS PERTAINING TO EDUCATION 



SCHOOL LAWS COMPILED. 

[H. B. No. 64— Casey] 
AN ACT Providing for the Revision and Compilation of the School Laws 

of the State of North Dakota. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Governor and attorney general compile. Make 
REPORT.] Acting under the supervision of the governor, the attor- 
ney general shall revise, compile, arrange, simplify and classify 
the school laws of this state which may be in force on the first day 
of July, 1907. The laws so compiled shall be comprehensively 
and accurately indexed, prefaced with a general table of contents 
and shall have brief and comprehensive annotations. The said 
attorney general and governor shall report to the next session of 
the legislative assembly any contradictions, inconsistencies and 
omissions found in the existing laws and shall draft and report to 
that session of the said legislative assembly such school laws aSy. 
in their judgment, would be of use and benefit to the state, for 
the information, assistance and action of said legislative assembly, 

§ 2. Compilation to be acted upon by the legislative 
ASSEMBLY.] When the revision, compilation and report is made 
to the legislature, a bill embodying such revision, compilation and 
report shall be introduced into the legislature, and upon its passage 
and approval by the governor the laws contained in such revision 
and compilation shall thereafter constitute the school laws for the 
state of North Dakota, and upon the issuance of a proclamation 
by the governor, said school laws shall take effect and thereafter 
be in force and be received as evidence of the school laws of this 
state in all courts thereof. 

§ 3. Repeal.] All acts and parts of acts inconsistent with this 
act are hereby repealed. 

Approved March 12', 1907. 



SCHOOL CENSUS AND ANNUAL SCHOOL REPORT. 

[H. B. No. T^Walker] 

AN ACT to Amend Section 835 of the Revised Codes of 1905, Providing 

for the Enumeration of Children of School Age. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 835 of the revised codes of 1905 
is amended to read as follows : 

§ 835. School census. Annual report.] The school board 
shall cause the clerk to make an enumeration between the first and 

Sch Laws— 2 



SCHOOL LAWS ENACTED BY 



twentieth day of June of each school year, of all unmarried persons 
of school age, being over six and under twenty, having their legal 
residence in the district, exclusive of any unmarried person of 
school age who is supported wholly at the expense of the state at 
any institution for the blind, institution for deaf and dumb, institu- 
tion for feeble minded, the reform school or any model school 
in connection with any state normal school, giving the names and 
ages of such persons and the names of parents and guardians 
having the care and custody of each ; also the names, ages and 
postoffice address of parents and guardians of each deaf and dumb, 
blind and feeble minded person between the ages of five and twenty- 
five years, residing in the district, including all such persons as 
may be too deaf or feeble minded to acquire an education in the 
common schools. The enumeration shall be made upon and in 
accordance with the blanks furnished therefor by the county super- 
intendent, and shall be returned to the county superintendent prior 
to the tenth day of July; provided, that in districts where the 
number of persons of school age attending school for a period of 
sixty days during the school year is less than fifty per cent of 
the total enumeration, it shall be the duty of the county superin- 
tendent to withhold from such district its apportionment of state 
and county tuition funds until such time as a satisfactory explana- 
tion of the failure to send pupils to school is made bj^the school board 
of said district to the county superintendent and superintendent of 
public instruction. A copy of the enumeration of such deaf and 
dumb persons shall be furnished the superintendent of the school 
for the deaf ; a copy of the enumeration of such blind persons shall 
be furnished to the superintendent of the school for the blind; and 
the enumeration of such feeble minded persons shall be furnished 
the superintendent of the institution for the feeble minded by the 
county superintendent immediately upon receipt of the same. A 
copy of such enumeration shall also be kept in the office of the 
district clerk. The board shall also cause the district clerk to 
make out an annual report for the year beginning July 1 and 
ending June 30, containing such financial and statistical statements 
and items as shall be required by the superintendent of public 
instruction, upon and in accordance v/ith the blanks furnished there- 
for by the county superintendent. Such report shall be carefully 
examined and certified as correct by the board at its regular meeting 
in July and transmitted to the county superintendent prior to the 
first day of August following. A copy of such report shall be 
filed in the district clerk's office. 

§ 2. Repeal.] All acts or parts of acts in conflict with this 
■.act are hereby repealed. 

Approved March 13, 1907. 



TENTH LEGISLATIVE ASSEMBLY 



TEACHERS' CERTIFICATES. 

[H. B. No. 99— Pugh.] 
AN ACT to Amend Section 872 of the Political Code of the Revised Codes 
of 190r of the Codes of North Dakota, Relating to Examinations and 
Certificates for Teachers in Public Schools. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1, Amendment.] Section 872 of the political code of the 
revised codes of 1905 of the codes of North Dakota, be and the 
same hereby is amended so that the same shall be and read as 
follows : 

§ 872. Fee for certificate. Certificate, how revoked.] 
The superintendent of public instruction shall require a fee of five 
dollars from each applicant for a life professional certificate, a 
fee of three dollars for a state certificate of the first or second 
class, and a fee of two dollars from each applicant for a special 
certificate, which fees shall be used by him to aid in the establishment 
and maintenance of teachers' reading circles and in the profession- 
alizing of teaching in the state in such other ways as he may deem 
advisable. He shall revoke at any time any certificate issued in 
this state for any cause • which would have been sufficient ground 
for refusing to issue the same had the cause existed or been known 
at the time it was issued, and shall revoke the same for willful 
violation of any teacher's contract entered into by the holder of 
any such certificate and any school board or board of school trustees 
in this state. 

Approved March 12, 1907. 



SCHOOL HOUSES AND SITES. 

[H.-B. No. 112— Casey] 
AN ACT to Amend Section 829 of the Revised Codes of North Dakota for 

1905, Relating to Education. 
Be It Enacted by the Legislative Assembly of the State of North Dakota:- 
§ 1. Amendment.] Section 829 of the revised codes of 1905 
is amended to read as follows : 

§ 829. School houses and sites, how determined. Plans 

FOR school, houses, HOW PREPARED. BoARD OF INSPECTORS, HOW 

CONSTITUTED.] Whenever in the judgment of the board it is 
desirable or necessary to the welfare of the schools in the district, 
or to provide for the children therein proper school privileges, 
or whenever petitioned so to do by one-third of the voters of a 
district, the board shall call a meeting of the voters in the district 
at some convenient time and place fixed by the board, to vote upon 
the question of the selection, purchase, exchange or sale of a school 
house site, or the erection, removal or sale of a school house. Said 
election shall be conducted and votes canvassed in the same man- 
ner as at the annual election of school officers. Three notices of 
the time, place and purpose of such meeting shall be posted in 



SCHOOL LAWS ENACTED BY 



three public places in the district by the clerk at least ten days 
prior to such meeting. If a majority of the voters present at such 
meeting shall by vote select a school house site, or shall be in 
favor of the purchase, exchange or sale of the school house, as 
the case may be, the board shall locate, purchase, exchange or 
sell such site, or erect, remove or sell such school house, as the 
case may be, in accordance with such vote; provided, that it shall 
require a vote of two-thirds of the voters present and voting at 
such meeting to order the removal of the school house and such 
school house so removed cannot again be removed within three 
years from the date of such meeting; provided, further, that when- 
ever a school house is to be purchased, erected or constructed 
in a common school district, the school board shall consult with 
the county superintendent of schools and the county superintendent 
of health with regard to plans providing for the proper construc- 
tion, lighting, heating and ventilation ; provided, further, that it 
shall be the duty of the state superintendent of public instruction 
to furnish plans for school houses of one and two rooms as will 
be in accord with the best ideas pertaining to heating, lighting, 
ventilating and other sanitary requirements. 

2. The county superintendent of health, the chairman of the 
board of county commissioners and the county superintendent of 
schools of each county are hereby constituted a board for the 
purpose of inspecting school houses and outbuildings with reference 
to their sanitary condition, and whenever the county superintendent 
shall report to said board of inspection that a school house or out- 
building is in an unsanitary or unsafe condition said board shall 
inspect the same and recommend to the district school board that 
such changes or repairs be made as are necessary to make such 
building or buildings sanitary, safe and fit for school purposes. 

Approved March 14, 1907. 



CONCURRENT RESOLUTION. 

[H. B. No. 116— C. A. Johnson] 
Amending the Constitution of the State of North Dakota, Establishing and 

Locating a State Normal School in the City of Minot, County of Ward. 
Be It Resolved by the House of Representatives of the State of North 

Dakota, the Senate Concurring: 
That the following proposed amendment to section 216 of the 
constitution of the state of North Dakota be referred to the 
legislative assembly to be chosen at the next general election in 
said state to be by said last mentioned legislative assembly sub- 
mitted to the qualified electors of the state for approval or rejec- 
tion in accordance with the provisions of section 202 of the con- 
stitution of the state of North Dakota: 

AMENDMENT. 

That section 216 of the constitution of the state of North 
Dakota be amended to read as follows : 

§ 216. The following named public institutions are hereby 
permanently located as hereinafter provided, each to have so much 



TENTH LEGISLATIVE ASSEMBLY 



of the remaining grant of one hundred and sevent}^ thousand acres 
of land made by the United States for "other educational and char- 
itable institutions" as is alloted by law, namely : 

First. A soldiers' home, .when located, or such other charitable 
institution as the legislative assembly may determine, at Lisbon, 
in the county of Ransom, with a grant of forty thousand acres of 
land. 

Second. A blind asylum, or such other institution as the legis- 
lative assembly may determine, at such place in the county of 
Pembina as the qualified electors of said county may determine 
at an election to be held as prescribed by the legislative assembly, 
with a grant of thirty thousand acres. 

Third. An industrial school and school for manual training, 
or such other educational or charitabfe institution as the legislative 
assembly may provide, at the town of Ellendale, in the county of 
Dickey, with a grant of forty thousand acres. 

Fourth. A school of forestry, or such other institution as the 
legislative assembly may determine, at such place in one of the 
counties of McHenry, Ward, Bottineau or Rolette as the electors 
of said counties may determine by an election for that purpose, 
to be held as provided by the legislative assembly. 

Fifth. A scientific school, or such other educational or charit- 
able institution as the legislative assembly may prescribe, at the 
city of Wahpeton, county of Richland, with a grant of forty 
thousand acres. 

Sixth. A state normal school at the city of Minot, in the county 
of Ward; provided, that no other institution of a character similar 
to any one of those located by this article shall be established or 
maintained v^^ithout a revision of this constitution. 

Filed in the office of the. secretary of state March 11, 1907. 



SALARY COUNTY SUPERINTENDENT. 

[H. B. No. 198— Chapman] 

AN ACT to Amend Section 777 of the Revised Codes of 1905, Relating 
to Education. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 777 of the revised codes of 1905 

is enacted to read as follows : 

§ 777. Salary. Deputy.- Troweling expenses.] The salary 

of the county superintendent of schools shall be as follows : In 

each county having one school and not over five, one hundred and 

fifty dollars ; six .schools and not over ten, three hundred dollars ; 

eleven schools and not over fifteen, four hundred dollars ; sixteen 

schools and not over twenty, five hundred dollars ; twenty-one 

schools and not over twenty-five, six hundred dollars ; twenty-six 

schools and not over thirty, seven hundred dollars ; thirty-one 

schools and not over thirty-five, eight hundred dollars ; thirty-six 

schools and not over forty, nine hundred dollars ; forty-one schools 



8 



SCHOOL LAWS ENACTED BY 



and not over fifty, one thousand dollars; and for each additional 
school ten dollars additional; provided, that in computing the salary 
of such superintendent no school shall be included unless the same 
shall have been taught at least four months during- the preceding 
school year; provided, further, that such salary shall not exceed 
one thousand five hundred dollars in any county where the number 
of schools does not exceed one hundred thirty, and in counties 
where the number of schools exceeds one hundred thirty, the county 
superintendent shall be allowed in computing such salary five dollars 
additional for each school above one hundred thirty ; provided, 
always, that such salary shall in no case exceed two thousand 
dollars. In addition thereto he shall receive ten cents a mile for 
the distance actually and necessarily traveled by him in the dis- 
charge of his duties. He shall at the end of every three months 
make and furnish to the county commissioners an itemized state- 
ment, subscribed and sworn to, of the distance so traveled in the 
discharge of his duties, which shall be audited and ordered paid 
by the board of county commissioners. The amount of his salary 
and the appropriation for deputy shall be determined each year 
by the actual num>ber of schools or separate departments in graded 
and high schools over which said superintendent had official super- 
vision during the preceding year and the same shall be paid out 
of the county general fund, monthly, upon the warrant of the 
county auditor ; provided, that whenever the numiber of schools in 
a county is diminished by reason of the consolidation of schools 
or other provision for the instruction of pupils in any district or 
districts, the same number of schools shall be counted for such 
district or districts in computing the salary of the county superin- 
tendent as existed before said consolidation or other provision 
until such time as the number of separate departments in the 
general school or schools provided for the pupils of vacated schools 
shall equal the number of original schools vacated. In each county 
which shall be organized for school purposes after the adoption 
of this code the county superintendent shall be paid a salary at 
the rate of one hundred dollars a year until the first Monday in 
January next following his election, after which his salary shall 
be as provided for in this section. In counties having fifty or 
more schools, the county superintendent may appoint a deputy for 
whose acts as such he shall be responsible, which deputy shall be 
entitled to a salary equal to fifty per cent of the county superin- 
tendent's salary ; provided, further, that in counties having a popu- 
lation of thirty thousand or more the county superintendent shall 
be allowed one deputy for each one hundred schools or major frac- 
tion thereof, under the supervision of said superintendent. Such 
deputies shall each receive the salary specified in the preceding 
paragraph of this section. 
Apprroved March 12, 1907. 



TENTH LEGISLATIVE ASSEMBLY 



SPECIAL SCHOOL DISTRICTS. 

[H. B. No. 296— BlegenJ 
AN ACT to Amend Sections 938, 939, 940, 941 and 943 of the Revised 
Codes of 1905 of the State of North Dakota, Relating to the Creation 
of Special School Districts in Incorporated Cities, Towns and Villages 
Constituting a Part of a School District, and to Divide the Property 
and Indebtedness of Such School District. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendments.] Sections 938, 939, 940, 941 and 943 of the 
revised codes of 1905 of the state of North Dakota, be and the 
same are hereby amended and re-enacted so as to read as follows. 

§ 938. Organization of special districts.] Whenever any- 
platted or incorporated city, town or village having a population of 
over two hundred inhabitants shall constitute a portion of a school 
district, it may be organized into a special school district, alone or 
with contiguous territory, and the property and indebtedness of such 
organized school district divided as hereinafter provided. 

§ 939. Petition. Duty of county superintendent.] In 
such cases a petition signed by a majority of the voters of such 
school district, including women who are legal voters, as shown by 
the last election therein, may be presented to the county superin- 
tendent of schools for the division of such school district and the 
organization of such city, town or village together with such 
territory contiguous thereto as may be described in said petition 
into a special school district, and setting forth in detail the bound- 
aries of such proposed special districts,- the manner and terms of 
the division of the property, real and personal, and the indebted- 
ness, bonded or otherwise, of such school districts as desired by 
the petitioners, and thereupon such superintendent shall within five 
days call an election to be held in such proposed special school 
district, incorporated city, town or village, and an election to be 
simultaneously held in that portion of such school district, situated 
outside of such proposed special school district, city, town or village. 

§ 940. Notice given. Election, how held.] Such superin- 
tendent shall cause notice of each of such elections to be given 
by publishing notice thereof, stating the time and place of hold- 
ing such elections, in a newspaper published in such school dis- 
trict [if any, and if there is no newspaper published in such school 
district] , then by posting notices of the election to be held in such 
proposed special school district, city, town or village in five public 
places in said district outside of such proposed special school dis- 
trict, city, town or village. Such notices shall be posted or published 
not less than ten days nor more than fifteen days before such an 
election. Such superintendent shall appoint judges and clerks of 
such elections and the same shall be held and conducted in the 
same manner, and the polls shall be opened and closed at the same 
time as in other school district elections, and the result of such 
elections shall be certified and delivered to such superintendent 
within three days after the close of the polls. 



10 



SCHOOL LAWS ENACTED BY 



§ 941. Ballots, how printed.] There shall be printed on the 
ballots used at such elections the following statement: "For the 
division of (here state the name of the district to be divided) and 
the division of its property and debts as follows: (Here state the 
boundaries of the proposed special school district and the manner 
and terms of such division as set forth in the petition filed.)" The 
voter shall write after such statement the word "Yes" if in favor 
of such division, and the word "No" if against it. 

§ 943. Districts constituted.] If such elections shall each 
be in favor of the division of such school district, such proposed 
special school district, city, town or village shall thereafter con- 
stitute a special school district, and such original school district 
situated outside of such special school district, city, town or vil- 
lage shall constitute a school district. 

§ 2. Repeal.] All acts or parts of acts in conflict, or inconsis- 
tent with this act are hereby repealed. 

Approved March 13, 1907. 



DEPOSITORIES OF SCHOOL FUNDS. 

[H. B. No. 301— Duncan] 

AN ACT to Amend Sections 926, 928 and 935 of the Revised Codes of 

North Dakota, 1905, Relating to Depositories of School Funds. 

§ 1. Amendments.] Sections 926, 928 and 935 of the revised 
codes of North Dakota, 1905, are amended to read as follows : 

§ 926. Wlien time deposits may be made.] Whenever 
there shall be accumulated in the sinking fund or any other revenue, 
city or school district fund, established by law, in any of the cities 
or school districts of this state, an amount of money exceeding 
two hundred dollars, and for which there is no immediate use, the 
city council or school board of such city or school district is au- 
thorized and empowered to direct a time deposit of such funds for 
a period of one year or six m.onths, as they may deem expedient, 
either in one or more of the city or school district depositories cre- 
ated by law, or such state or national bank as the city council or 
school board may designate. 

§ 928. Maximum rate of interest on call deposits.] To 
further secure the safety of the city or school district funds de- 
posited under the provisions of this article the city council or 
school board shall satisfy itself of the responsibility of the several 
banks proposing to act as depositories, and any bank offering more 
than four per cent per annum on deposits, subject to check, shall 
not be designated as- a depository under the provisions of this 
article ; provided, this act shall not apply to school districts in in- 
corporated cities or villages. 

§ 935. Exceptions to law.] It shall not be incumbent upon 
the city council or school board to designate depositories as herein 
provided for until the amount in such city or school treasury equals 
or exceeds the sum of five hundred dollars. 



TENTH LEGISLATIVE ASSEMBLY n 

§ 2. Emergency.] Whereas, an emergency exists in that there 
is no law covering the provisions of this act, therefore this act 
shall take effect and be in force from and after its passage and 
approval. 

Approved March 13, 1907. 



INVESTMENT OE SCHOOL AND INSTITUTION LAND FUNDS. 

[S. B. No. 27— Strom] 
AN ACT to Amend Section 155 of Chapter 4 of the Political Code of the 
State of North Dakota, and All Acts or Parts of Acts Amendatory 
Thereof, Providing for the Investment of Moneys Belonging to the 
Permanent Funds of the Common Schools, University, School of Mines, 
Reform School, Agricultural College, School for the Deaf and Dumb, 
Normal Schools and All Other Permanent Funds Derived From the 
Sale of Public Lands or Any Other Source Belonging to the School 
Divisions of the State. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 
§ 1. Amendment.] Section 155 of the political code of the 
state of North Dakota, and all acts or parts of acts amendatory 
thereof, are hereby amended to r^ad as follows : 

§ 155. Board invests funds. Compensation of board. Con- 
ditions OF LOANS.] Said board shall have power, and it is made 
its duty from time to time to invest any money belonging to the 
permanent funds of the common schools, university, schf>ol of 
mines, reform school, agricultural college and the school for the 
deaf and dumb, normal schools and all other permanent funds 
derived from the sale of public lands or from any other source, 
in bonds of school corporations or counties or townships within 
the state, bonds of the United States, bonds of the state of North 
Dakota, municipal bonds, or first mortgages on farm lands in the 
state, not exceeding in amount one-third the actual value of any 
subdivision on which the same may be loaned, said value to be de- 
termined by the board of appraisal of school lands ; provided, that 
for said services as such board of appraisal, the county auditor 
and county superintendent of schools shall receive only their neces- 
sary traveling expenses, but that the chairman of the board of 
county commissioners shall be entitled to the same mileage and per 
diem as when serving on the board of county commissioners. The 
first mortgages on farm lands in this state shall be made only in 
the manner following, to wit: 

1. The first mortgages on farm lands and each of them, shall 
run for a period of time not to exceed twelve years, and 
the funds so invested shall bear interest at the rate of five per 
cent per annum, payable annuall}^ to the county treasurer of the 
county in which such lands lie, as provided in section 193 of the 
revised codes of 1905. For the first five years payments shall 
consist only of interest, paid annually, and commencing with the 
sixth year the interest shall be paid annually as above stated and 
the borrower shall have his option of paying ten per cent or any 

Sch Laws — 3 



22 SCHOOL LAWS ENACTED BY 



multiple thereof of the principal at any interest bearing date, and 
the interest when paid shall be covered into and become a part 
of the interest and income fund. 

2. First mortgage loans shall only be made upon cultivated 
lands within the state, and to persons who are actual residents 
thereof, and in no case on lands of which the appraised value is 
less than seven dollars and fifty cents per acre, and in sums not 
more than five thousand dollars to any person, firm or corporation. 

3. Any or all of said mortgages may be satisfied at any time 
after three years from the date when made on payment of the whole 
amount due thereon ; provided, if the loan is sought to be paid off 
in full previous to the time specified for payment in the contract, 
then the party so paying said loan shall pay in addition to the in- 
terest then due on such loan the interest on the same for six 
months in advance of date of such payment on the whole amount 
remaining due in such pa>Tiient. All proceedings in regard to 
investments in first mortgages as provided in this chapter shall 
conform to and be governed by the laws of the state of North 
Dakota in such case made and provided. Said board of university 
and school lands shall not purchase or approve the purchase of 
any bonds or mortgages except at a legal session thereof, nor 
unless every member of the board is notified by the secretary of 
said board in time to be present at such meeting, and notified also 
that the question of purchasing or acting on a proposition for the 
purchase of certain bonds or mortgages is to be considered at the 
meeting, nor unless a majority of all the members vote in favor 
of such purchase, and the vote on the purchase of every bond and 
mortgage shall be taken by the yeas and nays and shall be duly 
recorded in the books of the board. 

§ 2. Repeal.] All acts or parts of acts in conflict with this act 
are hereby repealed. 

§ 3. Emergency.] Whereas, an emergency exists in that there 
is no law governing the provisions of this act, therefore this act shall 
take efifect and be in force from and after its passage and approval. 

Approved March 19, 1907. 



AID TO HIGH SCHOOLS. , 

[S. B. No. 129— Cashel] 
AN ACT to Amend and Re-enact Sections 1034, 1035 and 1036 of the 

Revised Codes of 1905, Relating to Education. 
jBe It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Sections 1034, 1035 and 1036 of the revised codes of 1905 
are amended to read as follows: 

§ 1034. Schools visited once each year. What schools to 
RECEIVE STATE AID. APPROPRIATION.] The high school board shall 
cause each school receiving aid under this article to be visited, at 
least once each year, by a committee of one or more members, or 



TENTH LEGISLATIVE ASSEMBLY ;^3 

by some person designated by the high school board, who shall 
carefully inspect the instruction and discipline of the preparatory 
classes and make a written report on the same immediately; pro- 
vided, that no money shall be paid in any case until after such 
report shall have been received and examined by the board and 
the work of • the school approved by the board. The said board 
shall receive applications from such schools for aid as hereinafter 
provided, which applications shall be received and acted upon in 
order of their reception. The said board shall apportion to each 
of said schools, which shall have fully complied with the provisions 
of this article, and whose application shall have been approved by 
the board, the following sums, to wit : Eight hundred dollars each 
year to each school maintaining a four years' high school course 
and doing four years' high school work. The sum of five hundred 
dollars each year to each school having a three years' high school 
course and doing three years' high school work. The sum of three 
hundred dollars each year to each school having a two years' high 
school course and doing two years' high school work ; provided, 
that the monies so appropriated to any high school shall be used 
to increase the efficiency of the high school work; provided, that 
not more than forty per cent of the money appropriated must be used 
in any one year for libraries, laboratories and other apparatus and 
equipment; provided, further, that the total amount of apportion- 
ment and expenses under this article shall not exceed forty-five 
thousand dollars in one year. The sum of forty-five thousand 
dollars is hereby appropriated annually for the purposes of this 
article, to be paid out of any monies in the state treasury, not 
otherwise appropriated, which amount, or so much thereof as may 
be necessar)^ shall be paid upon the itemized vouchers of said board, 
duly certified and filed with the state auditor; provided, however, 
that in case the amount appropriated and available under this 
article for the payment of aid to such schools shall in any year 
be insufficient to apportion each of such schools as are entitled 
thereto the full amount intended to be apportioned to the high 
schools of the various classes, then, in such case such amount as 
is apportioned and available shall be apportioned pro rata among 
the schools entitled thereto. 

§ 1035. No COMPENSATION. EXPENSES.] The members of the 
board shall serve without compensation, but the actual and necessary 
expenses of the board, any clerical officer of the board, or any 
examiner shall be paid in the same manner as those of state officers ; 
provided, that the total expense, including the apportionment to 
the schools aforesaid shall not exceed forty-five thousand dollars 
in any one year. 

§ 1036. Discretionary powers. Assistant examiner.] The 
high schol board shall have full discretionary power to consider 
and act upon applications of schools for state aid and to prescribe 
conditions upon which said aid shall be granted, and it shall be its 



]4 SCHOOL LAWS ENACTED BY 

duty to accept and aid such schools only as will, in its opinion, if 
aided, efficiently perform the service contemplated by law ; but in 
each county five schools complying with the prescribed conditions 
shall have a right to aid from this appropriation before aid may 
be granted to a sixth school in any county. Any school once 
accepted and continuing to comply with the law and regulations 
of the board made in pursuance thereof shall be aided not less 
than three years. The board shall have power to establish any 
necessary and suitable rules and regulations relating to examina- 
tions, reports, acceptance and classification of schools, courses of 
study and other proceedings under this article. Any assistant 
examiner appointed by the high school board as authorized by law 
shall be entitled to receive such compensation as the board may 
allow, not exceeding three dollars per day ; provided, that no such 
compensation shall be paid to any person receiving a salary from 
the state or from any state institution. 
Approved March 4, 1907. 



ATTACHING ADJACENT TERRITORY FOR EDUCATIONAL 

PURPOSES. 

[S. B. No. 144— Talcott] 
AN ACT to Amend Section 949 of the Revised Codes of 1905, Relating to 

Education. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 949 of the revised codes of 1905 
is amended to read as follows: 

§ 949. Adjacent territory^ how attached for school pur- 
poses.] When any city, town or village has been organized for 
school purposes and provided with a board of education under any 
general law, or a special act, or under the provisions of this article, 
territory outside the limits thereof but adjacent thereto may be 
attached to such city, town or village for school purposes by the 
board of education thereof, upon application in writing signed by 
a majority of the voters of such a:djacent territory; provided, that 
no territory shall be annexed which is at a greater distance than 
three miles from the central school in such special district, except 
upon petition signed by two-thirds of the school voters residing in 
the territory which is at a greater distance than three miles from 
the central school in such special district ; and, upon such applica- 
tion being made, if such board shall deem lit proper and to the best 
interests of the school of such corporation and of the territory to 
be attached, an order shall be issued by such board attaching such 
adjacent territory to such corporation for school purposes, and 
the same shall be entered upon the records of the board. Such 
territory shall from the date of such order be and compose a part 
of such corporation for school purposes only. Such adjacent ter- 
ritory shall be attached for voting purposes to such corporation, 



TENTH LEGISLATIVE ASSEMBLY 15 

or, if the election is held in wards, to the ward or wards or election 
precinct or precincts to which it lies adjacent; and the voters 
thereof shall vote only for school officers and upon such school 
questions; provided, that nothing in this act shall prevent any such 
adjacent territory being annexed because of such adjacent territory 
being in an adjoining county, and that the county commissioners 
shall detach any part of such adjacent territory which is at a 
greater distance than three miles from the central school in such 
special district and attach to any adjacent school or special district 
or districts upon petition to do so, signed by three-fourths of the 
legal voters of suc'h adjacent territory, and all assets and liabilities 
shall be equalized according to section 864. 
Approved March 14, 1907. 



STATE NORMAL AND INDUSTRIAL SCHOOL AT ELLENDALE. 

[S. B. No. 15&— Sharpe] 
AN ACT to Amend Section 1172 of the Revised Codes of 1905, Relating 

to the Industrial School and School for Manual Training. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 1173 of the revised codes of 1905, 
relating to the industrial school and school for manual training, 
is amended to read as follows : 

§ 1172. Name and objects.] That the institution known as 
the industrial school and school for manual training, located at 
Ellendale, Dickey county, North Dakota, be henceforth designated 
the state normal and industrial school, the object of such school 
being to provide instruction in a comprehensive way in wood and 
iron work and the various other branches of manual training, 
cooking, sewing, modeling, art work, and the various other branches 
of domestic economy as a co-ordinate branch of education, to- 
gether with mathematics, drawing and the other necessary school 
studies, and to prepare teachers in the science of education and the 
art of teaching in the public schools, with special reference to 
manual training. 

Approved March 23, 1907. 

COMPULSORY EDUCATION. 

[S. B. No. 162— Talcott] 
AN ACT to Amend Section 894 of the Revised Codes of 1905, Relating to 

Education. 
^e It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 894 is amended and re-enacted to 
read as follows : 

§ 894. School age, who exempt from compulsory attend- 
ance.] Every parent, guardian or other person who resides in any 
school district or city, who has control of an_v child or children 
of or between the ages of eight and fourteen years, shall send 



l(^ SCHOOL LAWS ENACTED BY 

such child or children to a public school in each year during the 
entire time the public schools of such district or city are in ses- 
sion, and every parent, guardian or other person having control of 
any deaf or feeble minded child or youth between seven snd 
twenty-one years of age shall be required to send such deaf child 
to the school for the deaf at the city of Devils Lake, and any feeble 
minded child to the institution for the feeble minded at Grafton ; 
provided, that such parent, guardian or other person having con- 
trol of any child shall be excused from such duty by the school 
board of the district or by the board of education of the city or 
village whenever it shall be shown to their satisfaction, subject to 
appeal as provided by law, that one of the following reasons there- 
for exists : 

1. That such child is taught for the same length of time in a 
parochial or private school, approved by such board ; that no 
school shall be approved by such board unless the branches usually 
taught in the public schools are taught in such schools. 

2. That such child is actually necessary to the support of the 
family. 

3. That such child has already acquired the branches of learn- 
ing taught in the public schools. 

4. That such child is in such a ph3^sical or mental condition (as 
declared by the county physician, if required by the board) as to 
render such attendance inexpedient or impracticable. If no school 
is taught the requisite length of time within three miles of the 
residence of such child by the nearest route, such attendance shall 
not be enforced, except in cases of consolidated schools where 
transportation may be arranged for b}^ the school board ; provided, 
that in districts where children reside beyond the three-mile limit 
and school facilities are not otherwise provided, the district school 
board shall provide transportation for such children to and from 
school. In districts having consolidated schools where transporta- 
tion is arranged for by the school board, or in other districts pro- 
viding transportation, attendance shall be required of pupils resid- 
ing within four miles of such school or schools, but this provision 
shall not apply to deaf or feeble minded childen in this state. The 
common schools provided for in this chapter shall be at all times 
equally free, open and accessible to all children over six and under 
twenty years of age, residents of the school districts where they are 
held or entitled to attend school, under any special provisions of 
this chapter, subject to the regulations herein made, and to such 
regulations as the several school boards and boards of education 
may prescribe, equitably and justly and not in conflict with the 
provisions of law ; provided, that no parent, guardian or person 
having control over such child shall be prosecuted without being 
first notified by the county superintendent of schools or the presi- 
dent of the school board in the district in which said child resides, 
and being given ten days within which to comply with the law ; pro- 
vided, further, that this section shall not be construed to apply 



TENTH LEGISLATIVE ASSEMBLY 27 

to parents, g-tiardians or other persons having control of any child 
or children between the ages of eight and fourteen, who desire to 
send such child or childen for a period not exceeding four months 
in any year to any parochial school for the purpose of preparing 
such child or children for certain religious duties. 
Approved March 14, 1907. 



AMENDING LAWS RELATING TO EDUCATION. 

[S. B. No. 163— Talcott] 
AN ACT to Amend Sections 747, 778, 799, 819, 836, 847, 879, 892, 912 of 

the Revised Codes of 1905, Relating to Education. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 747 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 747. Qualifications of superintendent of public in- 
struction. Terms of office.] There shall be elected by the 
qualified electors of the state at the time of choosing members of 
the legislative assembly, a superintendent of public instruction, who 
shall have attained the age of twenty-five years and who shall 
have the qualifications of an elector for that office, and be the 
holder of a state certificate of the highest grade, issued in this 
state, or a graduate of some reputable university, college or normal 
school. He shall hold his office at the seat of government for 
the term of two years commencing on the first Monday in January 
following his election and until his successor is elected and quali- 
fied. 

§ 2. Amendment.] Section 778 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 778. Qualifications of county superintendent.] No per- 
son shall be deeined qualified for the office of county superintendent 
in any county where the salary is one thousand dollars or more 
per year, who is not a graduate of some reputable normal school 
or higher institution of learning, or does not hold a state certificate 
of the first class or a life professional certificate, and who 
has not had at least two years' successful experience in teaching, 
one year of which shall have been in this state. No person shall 
be deemed qualified for the office of county superintendent in 
counties where the salary is less than one thousand dollars per 
year unless he holds a certificate of the highest county grade or 
its equivalent. 

§ 3. Amendment.] Section 799 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 799. Who qualified to vote or hold office.] At any 
election of school officers in any school corporation in this state 
all persons who are qualified electors under the general laws of 
the state and all women twenty-one years of age having the neces- 
sary qua^lifications as to oitizenship and residence required bf 



Ig SCHOOL LAWS ENACTED BY 

male voters by law, shall be qualified voters and shall be eligible 
to the office of count)^ superintendent of schools, school director 
or member of the board of education or school treasurer, or may 
be judge or clerk of such election; provided, however, tha.t the 
county superintendent must possess the educational qualifications 
named in section 778 of the revised codes of 1905. 

§ 4. Amendment.] Section 819 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 819. General powers.] The district school board shall have 
the general charge, direction and management of the schools of 
the district, and the care, custody and control of all the property 
belonging to it, subj ect to the provisions of this chapter ; provided, 
that in the employment of teachers, no relative of any member 
of the district board shall be hired without the imanimous consent 
of the board. 

§ 5. Amendment.] Section 831 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 831. Schools to be organized on petition.] If a petition 
signed by the persons charged with the support and having the 
custody and care of nine or more children of school age, all of 
whom reside not less than two and one-'half miles from the nearest 
school, is presented to the board, asking for the organization of 
a school for such children, the board shall organize such school 
and employ a teacher therefor, if a suitable room for such school 
can be leased or rented at some proper location not more than 
two and one-half miles distant from the residence of any one of such 
children, and if such petition is signed by the persons charged 
with the support and having the custody and care of twelve or 
more such children, the board shall organize a school and employ 
a teacher therefor, and if no suitable room for such school can be 
leased or rented, the board shall . call a meeting of the voters of 
the district for the selection and purchase of a school house site 
therefor and the purchase or erection of a school house, as pro- 
vided for in section 829. If at such meeting no such site is selected 
or if it is not voted to erect or purchase a school house for such 
school the board shall select and purchase a school house site and 
erect, purchase or move thereon a school house at a cost of not 
more than twelve hundred dollars for such house and furniture 
therefor; provided, that the provisi6ns of this section shall not 
apply in instances where schools have been consolidated in accord- 
ance with the provisions of section 833. 

§ 6. Amendment.] Section 847 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 847. Not entitled to tuition fund, when. Enumera- 
tion.] No school district shall be entitled to receive any portion 
of the state tuition fund that fails to make a report of the enumera- 
tion of the children of school age in the manner provided by law, 
nor until such enumeration has been taken and reported as required 
by law. The county superintendent of schools shall not authorize 



TENTH LEGISLATIVE ASSEMBLY ig 

the payment of money apportioned to any district unless the bond 
and oath of such treasurer has been duly approved and filed, as 
provided for by section 817 ; provided, also, that the county super- 
intendent is empowered to withhold the payment of state and 
county tuition from any district whose clerk and treasurer have 
failed to make the reports provided for in section 835. New 
districts organized after the annual enumeration has been taken 
shall proceed immediately to take the enumeration as provided by 
law, and after the receipt of such enumeration by the superintendent 
of public instruction through the county superintendent, the nev^^ly 
organized district shall receive its proportionate share of the funds 
to be apportioned ; provided, further, that the county superintendent 
shall have the right to withhold the apportionment of the county 
and state tuition fund from any school district other than the 
new district herein provided for, which has not maintained school 
therein for a period of not less than six school months in each 
school of said district in the school year preceding such apportion- 
ment or has not otherwise provided school facilities for the pupils 
of that district ; provided, further, that it shall be mandatory upon 
the county superintendent to withhold the apportionment of state 
and county tuition funds from any district which has not main- 
tained school for a period of at least four months in each school 
in said district or otherwise provided school facilities for the 
pupils of that district for the school year preceding such apportion- 
ment. 

§ 7. Amendment.]- Section 879 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 879. Give notice of opening and closing school.] Each 
teacher on commencing a term of school shall give written notice 
to the county superintendent of the time and place of beginning 
such school and the time when it will probably close, and prior to 
receiving salary for the first month each teacher must exhibit his 
certificate to the clerk of the district school board. If -such school 
is to be suspended for one week or more in such term the teacher 
shall notify the county superintendent of such suspension. 

§ 8. Amendment.] Section 892 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 893. Institute funds, how paid out.] It shall be the duty 
of the county superintendent of schools in all cases to consult with 
the state superintendent of public instruction in reference to the 
management of such institute or teachers' training school, and he 
shall carry out the suggestions of such state superintendent as to 
the modes of instruction. No salary shall be paid to any conductor 
or instructor not previously appointed or employed as herein pro- 
vided. The money hereby appropriated from the state treasury 
for the support of teachers' institutes or teachers' training schools 
shall be paid to the persons to whom it is due by warrant of 
the state auditor upon the state treasurer, which shall be issued 
upon the presentation of an account in due form, receipted by 



20 SCHOOL LAWS ENACTED BY 

the person to whom due and approved by the state superintendent 
of public instruction; provided, that no county shall receive more 
than ten dollars from such appropriation for the payment of con- 
ductor's salary for each dav its institute is in session ; provided, 
that the state and county institute funds specified by sections 890 
and 891, and the appropriation specified by section 893 of one 
or more counties may be applied to the support of a teachers' 
training- school for such county or counties at the request of 
the county superintendent for such county or counties with the 
consent and under the direction of the state superintendent of 
public instruction ; provided, further, that where a teachers' train- 
ing school of not less than three weeks' duration is held within 
or for any county, the conductor of such training school and the 
county superintendent shall file a certified statement with the county 
auditor, specifying the time and place of such teachers' training 
school and the total number of schools and separate departments 
in graded and high schools in said county in which school has been 
taught at least four months during the preceding school year. The 
county auditor shall file a copy of gaid statement with the county 
treasurer who shall thereupon transfer from the county general rev- 
enue fund to the county institute fund the sum of two dollars for each 
school or separate department in high and graded schools in the 
county, as per specified statement filed with the county auditor. 

§ 9. Amendment.] Section 912 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 912. Bonds, denomination of. Interest. Limit of issue.] 
The denominations of the bonds which may be issued under the 
provisions of this article shall be fifty dollars or some multiple of 
fiftv, not exceeding five hundred dollars, and shall bear interest 
at a rate not exceeding five per cent per annum, payable semi- 
annually on the first day of January and July in each year, in 
accordance with interest coupons which shall be attached to such 
bonds ; provided, that the amount of bonds, including all other 
indebtedness shall not exceed five per cent of the assessed valua- 
tion of the school district and may be made payable in not less 
than ten or more than twenty years from their, date. 

§ 10. Emergency.] Whereas, there is an emergency in this, 
that certain schools are to be erected under the provisions of 
this law immediately, therefore this act shall take effect immedi- 
ately after its passage and approval. 

Approved March 19, 1907. 



STATE LIBRARY COMMISSION CREATED. 

[S. B. No. 207— Cashel] 
AN ACT Creating a State Library Commission, Defining Its Duties and 

Providing an Appropriation for Its Maintenance. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 
§ 1. State public library commission.] There is hereby 



TENTH LEGISLATIVE ASSEMBLY 21 

created a state public library commission consisting of three mem- 
bers. 

§ 2. Members, how constituted.] The president of the 
North Dakota library association and the superintendent of public 
instruction are hereby constituted ex-officio members of the said 
state public library commission; and the governor of the state 
shall appoint as soon as practicable after the passage and approval 
of this act, one suitable person within the state as a member of the 
said state public library commission, which appointment shall be 
confirmed by the senate. The com.mission shall elect its own 
officers from among its own members, and shall also have power 
to select a competent person as librarian, who shall have control 
and be in charge of the library work of the commission. 

§ 3. Term of office.] The member appointed by the governor 
shall be appointed for a term of two years from April 1, 1907, 
and until his successor is appointed and qualified. In case of 
appointment to fill a vacancy caused by resignation, death or 
removal, the appointment shall be made for the unexpired term- 
of the member whose death, resignation or removal caused the 
vacancy. 

§ 4. Compensation.] No member of said state library com- 
mission shall ever receive any salary or per diem or compensation 
of any kind for services as such commissioner. Members of the 
state library commission shall be allowed and paid necessary travel- 
ing expenses in attending meetings of the commission or in visiting 
or establishing libraries, and other incidental and necessary ex- 
penses connected with the work of the commission. 

§ 5. Powers and duties of commission.] The state library 
commission, on and after its creation and organization, shall take 
over and add to the educational reference library and the system 
of traveling libraries, and shall continue the same, and, as its 
funds permit, shall increase the number and usefulness of the 
libraries. Any city, town, village, school district or community 
within the state of North Dakota may borrow books under the 
rules and regulations of the state library commission. The com- 
mission shall catalogue and otherwise prepare said books for circu- 
lation, and shall make rules and regulations according to which 
the business of the commission shall be done; and also such rules 
and regulations as shall insure the care, preservation and safe return 
of all books loaned. The state library commission shall have power 
and it shall be its duty to establish a legislative reference bureau 
for the information and assistance of the members of the legis- 
lative assembly in the work of legislation. The legislation of other 
states and information upon legal and economic questions shall 
be classified and catalogued in such a way as to render the same 
easy of access to members, thereby enabling them better to pre- 
pare for their work. It shall be the duty of the Hbrarian of the ■ 
state library commission to assist in every way possible the mem- 



22 SCHOOL LAWS ENACTED BY 

bers of the legislative assembly in obtaining information and the 
preparation of bills. 

§ 6. Commission may assist free public libraries.] The 
librarian or trustees of any free public library or the trustees of 
any village, town or community, entitled to borrow books from 
said traveling libraries, may, without charge, ask and receive ad- 
vice and instruction from said state library commission upon any 
matter pertaining to the organization, maintenance or administra- 
tion of the libraries, and the said commission shall, as far as pos- 
sible, promote and assist by counsel and encouragement the for- 
mation of libraries where none exist, and the commission may also 
send its members to aid in organizing new libraries or improving 
those already established. 

§ 7. Report.] The state library commission shall keep sta- 
tistics of the free public libraries of North Dakota and a record of 
the work done and books loaned by said commission, and shall 
make a full report to each general session of the legis- 
lature of all expenditures by the commission, and of such 
statistics and records as shall show the work done by the com- 
mission, the use made of the traveling libraries, and all other 
matters which they deem expedient for the information of the 
legislature, and the printing of which, and all other printing coming 
within the purview of the library commission, shall be paid for 
by the state. 

§ 8. Place op meeting of commission. Office room of 
librarian, where.] There shall be provided in the office of the 
superintendent of public instruction a place of meeting and also 
office room for the librarian of the state library commission. 

§ 9. Funds.] There is hereby appropriated for the use and 
purposes of the state librar}^ commission any unexpended balances 
in the funds appropriated for the educational reference library 
and traveling libraries, and also an annual appropriation of fifteen 
hundred dollars out of any moneys in the state treasury not other- 
wise appropriated. 

§ 10. Repeal.] All acts and parts of acts in conflict with the 
provisions of this act are hereby repealed, especially any acts or 
parts of acts carrying any appropriation for the so-called educa- 
tional reference librar}^ and traveling libraries. 

§ 11. Emergency.] Whereas, an emergency exists in that 
there is now no provision for a state librar}^ commission, this act 
shall take effect and be in force on and after its passage and 
approval. 

Approved March 2, 1907. 



TENTH LEGISLATIVE ASSEMBLY 



23 



MINORS IN POOL ROOMS. 

[S. B. No. 295— Crane] 

AN ACT to Amend Section 8983 of the Revised Codes of 1905. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 8983 of the revised codes of 1905 
is amended and re-enacted to read as follows : 

§ 8983. Minors not allowed in certain public places. 
Penalty.] It shall be unlawful for any owner or keeper of any 
pool or billiard hall, or any bowling alley or any temperance 
saloon, or any place under any name whatever where the games of 
pool, billiards, bowling or cards are played, to allow any person 
under the age of eighteen years or any person attending a local 
high school to either play any of the games mentioned or to be 
employed in said places or be allowed to visit said places, unless 
by written consent of one or both parents or guardians, or when 
accompanied by parent or guardian. Any person found guilty of 
violating this section shall be punished by a fine of not less than 
five dollars or more than fifty dollars, or imprisonment in the county 
jail not to exceed thirty days, or both, such fine and imprisonment. 

Approved March 19, 1907. 



NORMAL SCHOOLS. 

[S. B. No. 320— Young] 
AN ACT to Amend Sections 1078, 1079, 1084, 1085, 1086, 1087 and 1090 
of the Revised Codes of North Dakota of 1905, Relative to the State 
Normal Schools at Valley City and Mayville. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 1078 of the revised codes of North 
Dakota of 1905 is hereby amended so to read as follows : 

§ 1078. Terms of trustees.] The governor shall by and with 
the advice and consent of the senate appoint during each biennial 
session of the legislative assembly, five members O'f such board of 
trustees who shall hold their office for four years commencing 
on the second Tuesday in April following such appointinent. The 
governor shall fill all vacancies therein by appointment for unexpired 
terms. At the first meeting of the board of management of each 
normal school the members thereof shall take and subscribe the 
oath of office required of all civil officers and shall proceed to elect 
a president of the board who shall reside in the vicinity of such 
normal school, and the president of the school shall be the secretary 
of the board, but shall have no vote. In the absence of the secretary 
the board may select one of its members to act as secretary. The 
majority of the members of the board of management shall con- 
stitute a quorum for the transaction of business. 

§ 2. Amendment.] Section 1079 of the revised codes of North 
Dakota of 1905 is hereby amended so as to -read as follows : 

§ 1079. Commission. Secretary.] The governor shall cause 



24 



SCHOOL LAWS ENACTED BY 



to be issued to each of the members of the board of trustees a 
commission under the great seal of the state, and such commission 
shall designate the' board oi management upon which such members 
shall serve. A majority of the members of the board of trustees 
shall constitute a quorum for the transaction of business. 

§ 3. Amendment.] Section 1084 of the revised codes of North 
Dakota of 1905 is hereby amended so as to read as follows : 

§ 1084. Salaries of employes. Reports.] The board of man- 
agement of each normal school shall have the care of the buildings 
belonging to such school. It shall have the power to fix the salaries 
of employes, except members of the faculty, and to prescribe their 
respective duties, and to remove any of such employes at any time. 
It shall at such times as may be determined upon propose to the 
board of trustees the names of persons as president of the school, 
teachers and instructors, with the recommendation that such persons 
be employed by such board of trustees as the faculty of such school. 
It shall on or before the third Monday in November of each year 
make an annual report to the board of trustees, showing a state- 
ment of all expenditures of funds under its direction, the erection 
and care of buildings, the condition of schools, and containing 
such recommendations as they may think proper. 

§ 4. Amendment.] Section 1085 of the revised codes oif North 
Dakota of 1905 is hereby amended so as to read as follows : 

§ 1085. Salaries of president and teachers.] The board 
of trustees shall fix the salaries of the president of the school, 
teachers and instructors, and shall employ the persons therefor 
that have been recommended by the respective boards of manage- 
ment, unless in the opinion of the board of trustees a reasonable 
ground exists for refusing to employ such persons. The board of 
trustees shall prescribe the time and length of the various terms 
of such school. 

§ 5. Amendment.] Section 1086 of the revised codes of North 
Dakota of 1905 is hereby amended so as to read as follows : 

§ 1086. The faculty, duties of.] The faculty shall consist 
of the president of the school, teachers and instructors employed 
for each school as herein provided. The ^faculty shall pass all 
needful rules and regulations for. the government and discipline 
of the school, regulating the routine of labor and study, and the 
duty and exercises and such other rules and regulations as are 
necessary for the preservation of morals, decorum and health. They 
shall carry out the course of study adopted by the board of trustees 
and shall arrange for- the classification of all pupils in conformity- 
therewith. 

§ 6. Amendment.] Section 1087 of the revised codes of North 
Dakota of 1905 is hereby amended so as to read as follows : 

§ 1087. Duty of president.] The president of the school 
shall be the chief executive officer of the school and it shall be 
his duty to see that all the rules and regulations are executed. 



TENTH LEGISLATIVE ASSEMBLY 25 

The instructors and employes shall be under his direction and 
supervision. It shall also be the duty of the president of each 
school to request the secretary of state to furnish to each school ten 
•copies of the revised codes of 1905, and ten copies of the session 
laws and supreme court reports hereafter published for library and 
exchange purposes, and thereupon the secretary of state shall 
furnish the same. 

§ 7. Amendment.] Section 1090 of the revised codes of North 
Dakota of 1905 is hereby amended so as to read as follows : 

§ 1090. Diplomas.] The board of trustees and the respective 
faculties of each school shall have power to issue diplomas to 
all persons who shall have completed the courses of study pre- 
scribed for the normal schools as herein provided, and who shall 
have passed a satisfactory examination under the direction of the 
board of trustees, upon the branches contained in such courses 
and who shall be known to possess a good moral character, which 
diplomas shall set forth the above mentioned facts and shall be 
designated as the state normal school diplomas. 

Approved March 19, 1907. 



OBJECTS OF EDUCATIONAL INSTITUTIONS. 

[S. B. No. 333 — Senate Committee on Education] 
AN ACT to Amend Sections 1050, 1051, 1082, 1092 and 1231 of the Revised 

Codes of 1905, Relating to Education. 
Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Sections 1050, 1051, 1082, 1092 and 1231 
of the revised codes of 1905 are amended and re-enacted to read 
as follows : 

§ 1050. Object and departments of the university.] The 
object of the university shall be to provide the means of acquiring 
a thorough knowledge of the various branches . of learning con- 
nected with scientific, industrial and professional pursuits, in the 
instruction and training of persons in the theory and art of teaching, 
and also instruction in the fundamental laws of this state and of 
the United States in regard to the rights and duties of citizens, 
and to this end it shall consist of the following branches or depart- 
ments : 

1. The college or department of arts. 

2. The college or department of letters. 
'3. The teachers' college. 

4. The school of mines, the object of which shall be to furnish 
facilities for the education of such persons as may desire to receive 
instructions in chemistry, metallurgy, mineralogy, geology, mining, 
milling and engineering. 

5. The military department or school, the object of which shall 
be to instruct and train students in the manual of arms and such 
military maneuvers and tactics as are taught in military colleges. 



26 



SCHOOL 1.AWS ENACTED BY 



6. Such professional or other colleges or departments as now 
are or may from time to time be added thereto, or connected there- 
with, and the board of trustees is hereby authorized to establish 
such professional and other colleges or departments as in its judg- 
ment may be deemed necessary and proper, but no money shall be 
expended by the board in establishing and organizing any of the 
additional colleges or departments provided for in this section, 
until an appropriation therefor shall have first been made. 

§ 1051. Courses of instruction.] The college or departm.ent 
of arts shall embrace courses of instruction in mathematical, 
physical and natural sciences, with their application to industrial 
arts such as agriculture, mechanics, engineering, mining and 
metallurgy, manufactures, architecture and commerce ; and such 
branches included in the college of letters as shall be necessary 
properly to fit the pupils in the scientific and practical courses for 
their chosen pursuits and in military tactics. In the teachers' col- 
lege the proper instruction and learning in the theory and art of 
teaching and in all the various branches and subjects needful to 
qualify for teaching in the common and high schools ; provided, 
that all instruction in the teachers' college shall be above the grade 
of secondary schools, and as soon as the income of the university 
will allow, in such order as the wants of the public shall seem 
to require, the courses of science and their application to the 
practical arts shall be expanded into distinct colleges of the uni- 
versity, each with its own faculty and appropriate title. The col- 
lege of letters shall be co-existent with the college of arts and 
shall embrace a liberal course of instruction in languages, liter- 
ature and philosophy, together with such courses or parts of courses 
in the college of arts as the trustees shall prescribe. 

§ 1083. Objects of normal schools.] The objects of such 
normal schools shall be to prepare teachers in the science of educa- 
tion and the art of teaching in public schools. The board of 
trustees, with the assistance of the respective faculties, shall adopt 
the full course of study prescribed for that purpose, which shall 
embrace the academic and professional studies usually taught in 
normal schools ; provided, that such academic and professional 
studies shall not extend more than two years beyond the course 
of study prescribed in a high sdhool of the first class. Such schools 
shall in all things be free from sectarian control. 

§ 1092. Object of academy of science.] The North Dakota 
academy of science heretofore established at Wahpeton is hereby 
continued as such. The object of such academy shall be to furnish 
instruction in the pure and applied sciences, mathematics, lan- 
guages, political science, and history as is usually given in schools 
of technology below the junior year, the chief object being the 
training of skilled workmen in the most practical phases of applied 
science. A general science course may also be offered, consisting 
of three years' work above the high school course. Upon com- 
pletion of either of the above courses the board of trustees may 



TENTH LEGISLATIVE ASSEMBLY 27 

grant appropriate certificates of the work accomplished. 

§ 1231. Object of school of forestry.] A state school of 
forestry, to be known as the North Dakota school of forestry, is 
located at Bottineau, in the county of Bottineau, state of North 
Dakota, by virtue of the vote taken thereon according to law. 
The object of the school of forestry shall be to furnish the instruc- 
tion and training contemplated in an agricultural high school, 
emphasizing those subjects that have a direct bearing on forestry 
and horticulture. 

Approved March 19, 1907. 



Laws Pertaining to Education 

ENACTED BY THE TENTH LEGISLATIVE ASSEMBLY OF 
NORTH DAKOTA 

1907 

Issued By the Department of Public Instruction 



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LIBRftRY OF CONGRESS 



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